E3.26 Varying the conditions of temporary entry class visas

See also Immigration Act 2009 s 52

1. Holders of temporary entry class visas should apply for a variation of the conditions of their visa, or a Job Change if they hold an Accredited Employer Work Visa, if:
   1. they wish to work and do not have a visa that allows work in New Zealand; or
   2. they hold a work or visitor visa and wish to undertake a programme of study in New Zealand for longer than 3 months (unless U2.5 applies); or
   3. they hold a work visa limited by conditions and wish to change employers, and/or occupation and/or the location of employment.
2. Immigration officers may grant a variation of conditions for cases (a) (i)– (iii) above provided that the applicant completes the relevant application for Variation of Conditions or Job Change and produces:
   1. the appropriate fee;
   2. a valid passport (or a certified copy) or travel document (or a certified copy), if not previously provided;
   3. documents which support the requested variation, such as:
      • an offer of employment that meets W2.10.10, or WA4.10.1; or
      • an offer of place at a suitable education provider that meets U3.5, and evidence of tuition fee payment or exemption that meets U3.10; and
      • any other documents or information requested by the immigration officer.
3. A variation of conditions will only be granted where the varied conditions still meet the objectives of the instructions which the visa was granted under.
4. A variation of conditions to work for a specific employer (including any person associated with the employer who is able to influence the recruitment, employment or supervision of workers of that employer) will only be granted where the employer meets requirements at W2.10.5, W2.10.15 and W2.10.20 except where E3.26.1.20 applies.

E3.26.1 Varying the conditions of work visas

E3.26.1.1 Varying Essential Skills work visa conditions

1. Essential skills work visa holders may be granted a variation of conditions to change the conditions of their visa relating to their employer, occupation, location of employment or a combination of these.
2. Essential skills work visa holders seeking to change their occupation or location of employment will need to meet a labour market test unless:
   1. their new occupation is listed on an Essential Skills in Demand list and they meet the requirements of the list; or
   2. their new occupation is listed on the Green List (Appendix 13) and they meet the requirements of the list; or
   3. they are being paid at least twice the median wage ($59.32) (WA3.20(a)(i)).
3. The labour market test is met if:
   1. the employer has advertised the position; and
   2. they did not find any suitable and available New Zealand workers for the job.
4. Essential skills work visa holders seeking to change their occupation need to be suitably qualified by qualification and/or experience for the employment on offer as required by the occupation in the ANZSCO which substantially matches the applicant’s proposed employment.
5. Applicants must provide evidence of their job offer.
6. Despite the normal requirement that applications must be determined in accordance with the instructions in force at the date an application is made (E7.10(a)(ii)), applications made before these instructions came into effect that had not yet been decided, may be granted under these instructions, even if the instructions on the date they applied specified different requirements.

Note: The ‘twice median wage rate’ for Variations of Conditions of Essential Skills work visas is $59.32 and reflects the June 2022 quarter publication of median wage data by Statistics New Zealand.

E3.26.1.5 Varying Specific Purpose or Event visa conditions

Holders of a work visa granted under WS2 as players or professional sports coaches may apply for a variation of conditions of their work visa to undertake additional employment. A variation of conditions may be granted if:

1. the terms of the existing employment have been met, and will continue to be met; and either
2. the secondary employment is offered by the sports club or a company involved in the sport and the position is offered solely to this particular player or coach; or
3. the secondary employment is offered by an employer other than the sports club or a company involved in the sport and an immigration officer is satisfied that there are no New Zealand citizens or residence class visa holders available to be employed in the position (see WK3.10).

E3.26.1.10 Varying Talent (Accredited Employers) work visa conditions

1. Holders of a work visa granted under WR1 (Talent (Accredited Employers) Work Instructions) may apply for a variation of conditions of their work visa to change employers. Variation of conditions may be granted:
   1. to undertake employment for another employer who is accredited under WR1 (Talent (Accredited Employers) Work Instructions); or
   2. to undertake employment for another employer who is not accredited under WR1 (Talent (Accredited Employers) Work Instructions), if their employment is no longer available due to reasons beyond the visa holder’s control. When assessing such applications for a variation of conditions, immigration officers will consider all the circumstances of the applicant and the reasons for which the former accredited employer did not continue employment or the former employer’s accreditation was not renewed or rescinded; or
   3. to undertake employment for another employer who held accreditation (as defined by WR1.20) under Talent (Accredited Employer) Work Instructions after 31 March 2021 and accreditation has since expired.
2. In order to be granted a variation of conditions under (a) above:
   1. the base salary offered must be no less than the base salary that was required at the time the initial work visa application was made; and
   2. the offer of employment must meet the requirements of WR1.10, except WR1.10(a) and
   3. employers (including any person associated with the employer who is able to influence the recruitment, employment or supervision of workers of that employer) must meet the requirements under W2.10.5, W2.10.10, W2.10.15, W2.10.20 and W2.10.25.
3. Despite E7.10(a)(ii), immigration officers may apply E3.26.1.10(a)(iii) to an application to vary employer conditions of a Talent (Accredited Employer) work visa that has not been decided and was submitted before the effective date of these instructions.

Notes:
-Where a person fails to continue employment in the circumstances described in (a) and (b) above, they will not be eligible for residence under the Residence Instructions for holders of work visas granted under the Talent (Accredited Employers) Work Instructions.
-For the avoidance of doubt, the base salary in (b) above excludes employment-related allowances (for example overtime, tool or uniform allowances). The base salary is calculated on the basis of 40 hours work per week.

E3.26.1.15 Varying South Island Contribution work visa conditions

1. Despite WR7.15(b), holders of a work visa granted under WR7 (South Island Contribution work instructions) may apply for a variation of conditions of their work visa to change industries and/or regions.
2. A variation of conditions may be granted:
   1. to undertake employment in another industry in the same region; or
   2. to undertake employment in the same industry in another South Island region.
3. In order to be granted a variation of conditions under (a) above the applicant must:
   1. provide evidence to show they meet the requirements of WR7.10(b)-WR7.10(f); and
   2. demonstrate that their employment is no longer available due to reasons beyond their control.
4. When assessing such applications for a variation of conditions, immigration officers will consider all the circumstances of the applicant and the reasons for which the former employer did not continue employment.
5. A variation may only be granted once under these instructions.

E3.26.1.20 Job Change for Accredited Employer work visa holders

1. Accredited Employer work visa holders who apply for a Job Change may be granted a variation of the conditions of their visa relating to their employer, occupation, location of employment or a combination of these.
2. A variation will only be granted where the employer holds accreditation under Accredited Employer Work instructions (WA2) and the AEWV holder has a valid Job Check number.
3. A variation will only be granted where the employment offered meets the usual requirements for employment as set out at WA4.10.1, including WA4.10.1.(e) which states that the employment must continue to meet the remuneration thresholds in effect at the time the Accredited Employer work visa application is made, or in this case, the Job Change application.
4. A variation of visa conditions relating to occupation will only be granted where the applicant is suitably qualified by training and experience to do the job they have been offered (see WA4.10.5).
5. Accredited Employer work visa holders whose visa is based on employment paid at or above the median wage, and who are seeking to change the conditions of their visa to allow for employment paid below the median wage (WA3.15(b)), will only be granted a variation of conditions if:
   1. the remaining duration on their visa is equal to or less than the maximum duration allowed under WA4.10.10 for their occupation in the relevant sector; and
   2. granting the variation of conditions would not result in the holder exceeding the maximum period allowed under WA4.10.10.
6. An application for a Job Change of an AEWV must be made using the approved online form provided by INZ for this purpose.
7. Accredited employer work visa holders whose visa is based on a type of employment that allows a five-year visa (listed at WA4.15(a)(i)) may not be granted a variation of conditions to work in a role allowing a two-year visa (listed at WA4.15(a)(iv)), unless they:
   1. were paid at or above the median wage ($29.66) and their application for an Accredited Employer work visa was submitted on or before 6 April 2024 as per WA4.15(a)(i); and
   2. are in an ANZSCO skill level 4-5 occupation.

Notes:
- The median wage rate for Variations of Conditions of Accredited Employer Work Visas is $29.66 and reflects the June 2022 quarter publication of median wage data by Statistics New Zealand.
- A job check for employment paid below the median wage is only approved if the occupation is exempt from the median wage threshold, as listed in Appendix 14, and the remuneration threshold for that occupation is met.
- When determining whether an applicant is moving from employment paid at or above the median wage, to employment paid below the median wage, the wage in effect at the time of the application for a Job Change should be used.
- The requirements to meet the minimum standard of English language (see WA4.12) and minimum skills threshold (see WA4.10.6) do not apply to Job Change applications.

E3.26.1.25 Varying work visa conditions for partners of Accredited Employer and Essential Skills work visa holders

1. Holders of a work visa granted under WF3.1.5 (Partners of Accredited Employer and Essential Skills work visa holders) may apply for a variation of conditions to remove conditions on their work visa which state that they must:
   1. work for an employer accredited under the AEWV scheme; and
      • in a role paid at or above the median wage; or
      • in a role earning the relevant wage threshold if a sector agreement is in place for that role; and
   2. not work in a role covered by a capped sector agreement
2. Variation of conditions may be granted to allow the holder to undertake employment in any role for any employer anywhere in New Zealand
3. In order to be granted a variation of conditions under (a) above, the applicant’s supporting partner must provide evidence that they:
   1. have had a pay rise which has resulted in them earning at least twice the median wage, and that evidence must meet the requirements of WF3.1.5.1(b) and (c); or
   2. work in a role which has been added to the Green List, and that they are suitably qualified for the role based on meeting the applicable Green List requirements (Appendix 13).

Notes:
- The median wage rate for Variations of Conditions for partners of Accredited Employer and Essential Skills work visa holders is $29.66 and reflects the June 2022 quarter publication of median wage data by Statistics New Zealand.
- The varied conditions will only apply to the holder of a work visa granted under WF3.1.5. The supporting partner must make a new application if they want their visa conditions or duration to be updated based on any changes to their employment.

E3.26.5 Varying the conditions of visitor visas

1. Holders of visitor visas granted under V3.100 Guardians accompanying students to New Zealand may only be granted a variation of conditions for part time work or part time study between the hours 9:30am and 2:30pm Monday to Friday (inclusive) (see V3.100.35).
2. Holders of visitor visas may be granted a variation of conditions for a duration of six weeks to undertake seasonal work (planting, maintaining, harvesting and packing crops) in any region where the Ministry of Social Development has identified a shortage of seasonal labour and for any employer in the horticulture or viticulture industries, provided the applicant has not been granted a variation of conditions for this purpose since their most recent entry to New Zealand.
3. Holders of visitor visas who are aged 18 or older, have left secondary school, and are included as a dependent child in an application for a 2021 Resident Visa may be granted a variation of conditions to allow them to work for up to 20 hours per week.

E3.26.10 Varying the conditions of student visas

Holders of student visas may be granted a variation of conditions to allow them to work in line with the requirements at U13.

E3.26.15 Varying the conditions of Skilled Migrant Category interim visas

For the purposes of meeting E3.26.15 instructions, ‘Skilled Migrant Category’ (SMC) is defined as those set out in SR3 instructions. SMC interim visa conditions may only be varied in accordance with these (E3.26.15) instructions.

1. Holders of SMC interim visas with employer-specific work conditions may be granted a variation of conditions to change employer, occupation, location of employment, or a combination of these. A variation of conditions may be granted if:
   1. the SMC interim visa holder meets the requirements set out in E3.26.1.20; and
   2. the employment is paid at or above the median wage ($29.66).
2. Holders of SMC interim visas with student conditions may be granted a variation of conditions to allow them to work for up to 20 hours in any given week and full-time in specified vacation periods (see U13.10 and U13.15) if the interim visa holder:
   1. meets the applicable requirements at U13; and
   2. is aged 16 or older; and
   3. has written permission from their parents and education provider (if they are enrolled with an education provider) if they are aged 16 or 17 years old; and
   4. is included in an SMC resident visa application as a dependent child, if they held a visitor visa directly before being granted an SMC interim visa.
3. Holders of SMC interim visas with visitor conditions may be granted a variation of conditions to allow them to hold open study conditions and/or work for up to 20 hours in any given week and full-time during specified vacation periods (see U13.15) if they are:
   1. aged 18 or older; and
   2. included as a dependent child in an application for a Skilled Migrant Category resident visa.

Notes:
- The median wage rate for Variations of Conditions of Skilled Migrant Category interim visa holders is $29.66 and reflects the June 2022 quarter publication of median wage data by Statistics New Zealand.
- Where the SMC application includes the requirement to have a job or job offer which meets the definition of skilled employment, applicants seeking a variation of conditions will be responsible for ensuring that the planned new employment still meets the SMC application criteria.

Effective 11/04/2024